The Domain License Agreement serves as a crucial legal instrument for organizations and individuals seeking to establish and maintain their online presence through domain names in New Zealand. This document is essential when a party wishes to obtain the right to use a specific domain name from a licensed provider, typically for business, organizational, or personal use. The agreement comprehensively covers all aspects of domain licensing, including registration, renewal, acceptable use, technical requirements, and compliance with New Zealand's digital commerce laws. It's particularly important in contexts where domain names are critical business assets, such as e-commerce operations or brand protection strategies. The agreement must align with New Zealand's legal framework, including the Contract and Commercial Law Act 2017, Privacy Act 2020, and relevant electronic commerce regulations, while providing clear guidelines for domain management and dispute resolution.
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1. Parties: Identification of the Domain License Provider and the Licensee, including full legal names and contact details
2. Background: Context of the agreement, including the domain name(s) being licensed and the purpose of the arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical domain-related terminology
4. Grant of License: Specific terms of the license grant, including scope, duration, and permitted uses of the domain
5. License Fees: Details of all fees, payment terms, renewal costs, and payment methods
6. Term and Renewal: Duration of the license, renewal conditions, and termination provisions
7. Licensee Obligations: Key responsibilities and obligations of the licensee regarding domain use
8. Acceptable Use Policy: Specific rules and restrictions regarding the use of the licensed domain
9. Domain Management: Provisions regarding DNS settings, hosting, and technical management
10. Intellectual Property Rights: Protection of IP rights and handling of trademark issues
11. Data Privacy and WHOIS: Handling of personal information and WHOIS directory requirements
12. Termination: Grounds for termination, process, and consequences
13. Dispute Resolution: Process for handling disputes, including jurisdiction and applicable law
14. General Provisions: Standard legal provisions including notices, assignment, and entire agreement
1. Multi-Domain Provisions: Additional terms for agreements covering multiple domains - use when licensing multiple domains
2. Reseller Rights: Terms for reselling or sublicensing - include when licensee has right to resell
3. Service Level Agreement: Specific performance metrics and guarantees - use for premium or business-critical domains
4. International Use Provisions: Additional terms for international domain use - include for international businesses
5. E-commerce Provisions: Specific terms for domains used in e-commerce - include for online retail sites
6. Content Management: Terms regarding content hosting and management - use when provider offers content hosting
7. Security Requirements: Enhanced security provisions - include for high-security or financial domains
8. Brand Protection: Additional trademark and brand protection - use for branded or trademark-related domains
1. Schedule 1: Domain Details: Specific details of licensed domain(s), including technical specifications
2. Schedule 2: Fee Schedule: Detailed breakdown of all fees, including initial, renewal, and optional service costs
3. Schedule 3: Technical Requirements: Technical specifications and requirements for domain operation
4. Schedule 4: Service Level Metrics: Detailed service level commitments and performance metrics
5. Appendix A: Acceptable Use Policy: Detailed acceptable use policy and content restrictions
6. Appendix B: Privacy Policy: Detailed privacy policy and data handling procedures
7. Appendix C: Domain Management Procedures: Step-by-step procedures for domain management and changes
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